Russ Baldwin and the Art of Pleading

The ghosts and goblins of 2008 are still causing trouble. Some things don’t change and others do. As I have been reporting on my blog, there are several attorneys who have taken the time to research and analyze the pleadings and proof issues involved with self-serving claims of securitization.    Everyone thinks they know THE LAW but the evidence is that they don’t know how to use the law. The truth is that foreclosure mills are largely relying upon argument in lieu of both pleading and proof. Russ Baldwin is taking the fun out of that.    Russ Baldwin, attorney in the state of Oregon, joins tonight with my friend Bill Paatalo to talk about the very exquisite and nuanced pleading he just filed in a case where the Homeowner is seeking ejectment of a person who supposedly bought the property. Russ is one of the lawyers who brought to my attention the issues regarding recoupment, which could avoid statutes of limitation and have the potential of defeating the claim for money entirely and therefore the claim for foreclosure.    Here, Baldwin expertly kneecaps the opposing attorneys by challenging them to actually plead the facts that they want the court to assume are true. They don’t want to do that and Russ is now well positioned to make this issue a defining turning point in what is required from attorneys who represent to a court that they represent a named party whom they want the court to presume is the beneficiary under a Deed of trust. As an added measure the case involves a timely sent notice of rescission under 15 U.S.C. §1635 of the truth in lending act.